Should it be illegal for employers to discriminate based on weight?
In the US, it is illegal for an employer to discriminate based on gender, race, religion, pregnancy, age, or disability, however they can chose to not hire someone based purely on their weight. Should discrimination against overweight people be allowed if it doesn't effect their ability to do the job?
I suppose if it doesn't effect their ability to do the work, that's fine. But, some obese people fall into the category of disability. If it's a physically demanding job than absolutely not, it should be up to the employers discretion
Discrimination is only as good as the might and power of the groups that will fight discrimination. Women and Minorities especially Blacks have a strong and wealthy group to litigate and oppose discrimination of their group. Age, Weight, and unattractive people don't have a knight to defend themselves, so while it may be action discrimination they are unable to defend themselves against corporate America.
In addition, corporate America has created the At Will Employment Contract which is really an Adhesion Contract, but nevertheless the courts have enforced it. So, a company can get rid of any of their employees without even mentioning a reason or grounds.
This At Will Employment Contract incites discrimination without recourse.
If the job requires a certain physical ability to perform it's not truly discrimination. An example is some warehouse jobs might say the employee must be able to lift and move 50lbs routinely.
You have to be able to prove that you didn't get the job because of your weight. If it turns out there are other people who are overweight working there it's going to be tough to prove weight was the reason you weren't hired. You'd almost have to find an internal memo or overhear someone in HR or management proclaim: "We won't hire overweight people."
According to the National Institute of Diabetes "More than one-third (35.7 percent) of adults are {considered to be obese}.
More than 1 in 20 (6.3 percent) have extreme obesity. Almost 3 in 4 men (74 percent) are considered to be overweight or obese."
If those statements are anything close to being true the odds are the vast majority of companies have overweight or obese employees in the U.S.
It's not uncommon for someone blame others for them having a difficult time getting what they want. We tell ourselves: "I was taller, beautiful/handsome, white, black, or whatever I would have gotten it." Unlike a lot of things weight is one of those we can change. If someone's goal was to get the military or whatever and they (knew) they had some strict physical requirements the could train/workout and diet to put them self in a position to get in.
In some instances such as being a waitress in place like Hooters most obese women wouldn't want to wear short-shorts and tight halter tops. However I suppose if one was willing to they might be able to prove they didn't get the job because of their weight. Odds are Hooters doesn't have many women 200-300lb waitresses.
The vast majority of the time someone doesn't get a job is because they either had a bad face to face interview or another candidate had more experience, graduated from a more respected school, had superior references, or their personality jelled with the HR and hiring manager. Sometimes they decide to promote from within or the job was given to someone who knew someone who worked there.
by Annie 13 years ago
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